Loyal IOM - Terms and Conditions:
1. Your Acceptance
This is an agreement between Loyal IOM (Max Oyston or We), the owner and operator of www.loyal-iom.com (the Site), the Loyal IOM app software (the Service or App) and you (you or your), a user of the Service.
BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND LOYAL IOM’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.loyal-iom.com/privacy-policy
If you do not agree to any of these Terms, you must not use the Service.
2. The Service
The Loyal App a NFC Tag loyalty and rewards platform for the hospitality industry that aims to bring venues and customers closer via an easy-to-use system and all other reasonably related or incidental activities as well as food (or any other item) ordering and delivery services on behalf of certain restaurants or other premises in its network (together the “Services”).
These Services are made available free of charge to local businesses
We do not guarantee that the Services or the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3. Changes to the Site, Services or App
We may update and change our Site, App or the Services from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason at our discretion. We will try to give you reasonable notice of any major changes.
4. Privacy
We take your privacy seriously. All personal data collected and processed by us in connection with the Site, the App or the Services, shall be handled strictly in accordance with our privacy policy, a copy of which can be viewed here: https://www.loyal-iom.com/privacy-policy
5. Your use of the Services
5.1. Licence
5.1.1. Loyal IOM gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the App and the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Loyal IOM, in the manner permitted by the Terms.
5.1.2.The rights in the App and the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the App or the Services.
5.2. Sign up / Log-in
5.2.1.In order to use the Services you will be required to sign up through the App. You may sign up using an email and password or by logging-in through certain 3rd party sites (such as Facebook or Google). Once you have signed in for the first time, your credentials will be saved to your device and you will be automatically logged-in in the future unless you have signed out in the meantime.
5.2.2.You must treat your log-in password as confidential. You must not disclose it to any third party.
5.2.3.We have the right to disable any user identification code or password, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
5.2.4.If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@loyal-iom.com
5.3. Stamp collection through the App
5.3.1.By using the App and either frequenting Venues or placing orders for food or any other product you will accrue stamps (Stamps) to your Loyal IOM account. Stamps may be redeemed against rewards published by Venues through the App (Offers) subject to the conditions of the particular Offer.
5.3.2.If you consider that your Stamps balance has not been updated accurately, please promptly notify us at contact@loyal-iom.com with the details and any evidence you may have in support (i.e. receipts from the relevant Venue). Loyal IOM will use reasonable efforts to verify the position and, if it considers (in its sole discretion) that an error has been made, amend your Stamps balance accordingly.
5.4. Venue Offers
5.4.1.Venues will publish Offers to users of the Services through the App. Such Offers may be redeemed with Stamps
5.4.2.In addition to requiring a certain number of Stamps or food orders, Offers may be subject to further conditions which will be notified to users through the App. Such conditions may include (but are not limited to) a claim time limit and a minimum stamp requirement.
5.4.3.If you wish to redeem an Offer you may do so by swiping the ‘claim’ button on the App, which will allow you to notify your claim to the Venue. You should then approach the Venue personnel directly to complete the process.
5.4.4.Venues are solely responsible for honouring Offers they have made through the App. However, if you consider that a Venue has failed to honour an Offer made to you, please promptly notify us at contact@loyal-iom.com with the details and any evidence you may have in support. Loyal IOM will use reasonable efforts to verify the position and to suggest (in its sole discretion) an appropriate resolution such as an amendment of the Stamps balance or an alternative Offer
5.4.5.Venue and Offer images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site
5.5. Functionality and Settings
5.5.1.In order for you to enjoy the full benefit of the Services, the App requires certain functions of your device to be operational. In particular, if you are using the App for the purposes of a Stamp the Loyal IOM NFC Tag technology requires that your device is connected to the internet by way of a mobile or WIFI network. The App will also access certain of your device’s functions in order to provide the Services. For examples, Google Maps will be accessed in order to provide you with directions to Venues.
5.5.2.You may disable the App’s access to your device through the device’s ‘settings’ function, but please note that by doing so you may materially impact the performance of the App our ability to provide the Services.
6. Our Rights
All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the content (excluding content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Loyal IOM. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, content (excluding content, if any, provided by users of the Services) and related material are reserved.
7. Support
You may contact Loyal IOM for support in connection with the App or the Services by emailing us at contact@loyal-iom.com.
8. Third Party Links
Where our Site or the App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
9. Warranties and Liability
9.1. Your access to and use of the App and the Services is at your own risk. You understand and agree that the Services are provided to you on an "as is" and "as available" basis.
9.2. Without limiting the foregoing, Loyal IOM disclaims to the maximum extent permitted by law any warranties, representations (other than fraudulent misrepresentation), guarantees or conditions, whether express or implied.
9.3. Loyal IOM makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content. Loyal IOM will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or the App. Loyal IOM makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9.4. We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services, or on any website or application linked to it.
9.5. We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
10. Restrictions on Use
As a condition of your use of the Site, Services and/or the App, you agree:
· not to use the Site or the App for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions;
· not to use the Site or the App to commit any act of fraud;
· not to use the Site or the App to distribute viruses or malware or other similar harmful software code;
· not to use the Site or the App for purposes of promoting unsolicited advertising or sending spam;
· not to use the Site or the App to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
· not to use the Site or the App in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
· not to use the Site or the App in any manner that harms minors;
· not to promote any unlawful activity;
· not to use the Site or the App to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
· not to attempt to circumvent password or user authentication methods.